March, 2018 - CompFox

Lynn Wade vs. State Of California, Military Dept., Legally Uninsured State Compensation Insurance Fund

Leave a Comment / California, Los Angeles / By Ashish

In this case, the State of California, Military Dept., Legally Uninsured State Compensation Insurance Fund and Lynn Wade were involved in a workers’ compensation dispute. The administrative law judge dismissed the case without prejudice for lack of prosecution. The applicant argued that the notice of intention to dismiss was sent to her attorney’s former address, so her attorney was unable to file a timely objection. The Workers’ Compensation Appeals Board granted the applicant’s petition for reconsideration, rescinded the order, and returned the matter to the WCJ for further proceedings. The Board found that the failure to serve documents in a WCAB proceeding in a manner required by statute or the board’s regulations was not a “mere irregularity” but rather an omission of substance which

Francisco Reynoso vs. Lusamerica Foods And Berkshire Hathaway Homestate Company

Leave a Comment / California, San Jose / By Ashish

Lusamerica Foods and Berkshire Hathaway Homestate Company Francisco Reynoso WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCISCO REYNOSO, Applicant,vs.LUSAMERICA FOODS and BERKSHIRE HATHAWAYHOMESTATECOMPANY, Defendants.Case No. ADJ10610485 (San Jose District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant Lusamerica/Berkshire Hathaway Homestate Insurance Company c/o Berkshire Hathaway Homestate Companies seek reconsideration of the Findings and Award …

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Lawrence O’donnell vs. Ten-west Towing Inc., Pto Services, Inc., Hr Employer Services, Inc.

Leave a Comment / California, San Francisco / By Ashish

& ADJ9760064: This case involves two petitions for reconsideration filed by Lawrence O’Donnell and Franklin Powers against Ten-West Towing Inc., PTO Services, Inc., and HR Employer Services, Inc. The Workers’ Compensation Appeals Board denied both petitions for reconsideration, finding that the workers’ compensation policy issued by The Hartford did not limit coverage to two specified individuals. The Board also found that the policy was conclusively presumed to contain all the provisions required by law and that endorsements that limit or restrict coverage of workers’ compensation policies are subject to regulation.

Julie Lopez vs. Fresno Unified School District; Permissibly Self-insured

Leave a Comment / California, Fresno / By Ashish

In this case, Julie Lopez, an employee of the Fresno Unified School District, claimed injury to her low back, left arm, and left knee after being taken down by a student. The parties agreed to resolve the claim by stipulations with a request for award for 5% permanent disability based on the medical-legal evaluation by the panel qualified medical evaluator. Lopez then filed a petition to reopen for new and further disability to her left shoulder. The defendant sought removal of the minute order issued by the workers’ compensation administrative law judge, claiming that the order denied them due process and that they would suffer irreparable harm from additional costs. The Appeals Board denied the removal, finding that the defendant’s due process rights were not violated, that

Shamila Chand vs. West Living, Inc.; United States Fire Insurance Company Administered By Crum And Forster

Leave a Comment / California, Stockton / By Ashish

In this case, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration filed by West Living, Inc. against Shamila Chand. The petition was found to be untimely, as it was filed more than 25 days after the service of the WCJ’s August 3, 2017 decision. The Board noted that the time limit for filing a petition for reconsideration is jurisdictional and, therefore, the Appeals Board had no authority to consider or act upon an untimely petition for reconsideration.

Peter Winokur vs. Monterey Financial Services; Farmers Insurance Group

Leave a Comment / California, San Diego / By Ashish

Monterey Financial Services; Farmers Insurance Group Peter Winokur WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPETER WINOKUR, Applicant,vs.MONTEREY FINANCIAL SERVICES; FARMERS INSURANCE GROUP, Defendants.Case No. ADJ1424522 (SDO 0299397)OPINION AND DECISION AFTER RECONSIDERATION In order to further study the factual and legal issues in this case, on January 30, 2017, we granted applicant’s Petition for Reconsideration of a workers’ …

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Quintisha Smith vs. First Student Management, Llc; New Hampshire Insurance Company, Administered By Gallagher Bassett Services, Inc.

Leave a Comment / California, Marina del Rey / By Ashish

First Student Management, LLC; New Hampshire Insurance Company, administered by Gallagher Bassett Services, Inc. Quintisha Smith WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAQUINTISHA SMITH, Applicant,vs.FIRST STUDENT MANAGEMENT, LLC; NEW HAMPSHIRE INSURANCE COMPANY, administered by GALLAGHER BASSETT SERVICES, INC., Defendants.Case No. ADJ10624768 (Marina del Rey District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations …

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Timothy Overall vs. City And County Of San Francisco

Leave a Comment / California, Oakland / By Ashish

In this case, the Workers’ Compensation Appeals Board denied the Petition for Reconsideration filed by Timothy Overall against the City and County of San Francisco. The Board adopted the report of the workers’ compensation administrative law judge, except for certain portions, and found that apportionment between two injuries was appropriate under the holding of Benson v. Workers’ Comp. Appeals Bd. The Board relied on the opinion of the agreed medical examiner, John J. Lavorgna, M.D., who initially found 50% apportionment to each of the two work injuries and later confirmed his initial findings. The Board denied the Petition for Reconsideration.

Nasheman Desai vs. 7-eleven; Mitsui Sumitomo Marine Management (usa) Inc.

Leave a Comment / California, Van Nuys / By Ashish

In this case, the lien claimant, Superior Chiropractic Care, sought reconsideration of a decision by a workers’ compensation administrative law judge that the court had no jurisdiction to adjudicate the lien claim because the applicant’s underlying claim had been dismissed. The Workers’ Compensation Appeals Board granted the reconsideration, rescinded the WCJ’s decision, and returned the matter to the WCJ for further proceedings and decision, finding that the dismissal of the injured worker’s claim for lack of prosecution did not by itself dismiss the claims of the third-party lien claimants and that the Appeals Board retained jurisdiction to adjudicate remaining lien claims.

Tony Arballo vs. Korda Construction, Inc.; Redwood Fire & Casualty Insurance Company

Leave a Comment / California, Pomona / By Ashish

In this case, Korda Construction, Inc. and Redwood Fire & Casualty Insurance Company were defendants in a workers’ compensation case. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration as it was filed after the 25 day time limit allowed for filing. The time limit was extended to the next business day if the last day for filing fell on a weekend or holiday. The time limit was jurisdictional and the Appeals Board had no authority to consider or act upon an untimely petition for reconsideration.

March 2018